97 F.

3d 1450

NOTICE: Fourth Circuit Local Rule 36(c) states that citation

of unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Norman James WITHERSPOON, Plaintiff-Appellant,
and
Norman WITHERSPOON; Thomas Williams; Cynthia H.
Coaxum;
Arthur Pinckney; Lucille Myers, Plaintiffs,
v.
DEPARTMENT OF THE NAVY, Defendant-Appellee.
No. 95-3138.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 20, 1996.
Decided Sept. 27, 1996.

Norman James Witherspoon, Appellant Pro Se.

Margaret Beane Seymour, OFFICE OF THE UNITED STATES
ATTORNEY, Columbia, South Carolina, for Appellee.
D.S.C.
APPEAL DISMISSED.
Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.

PER CURIAM
1

Appellant appeals from the district court's order granting summary judgment in
favor of Appellee. The claims of one plaintiff have not yet been adjudicated so
the action is still pending in the district court. We dismiss the appeal for lack of

jurisdiction because the order is not appealable. This court may exercise
jurisdiction only over final orders, 28 U.S.C. 1291 (1994), and certain
interlocutory and collateral orders, 28 U.S.C. 1292 (1994); Fed.R.Civ.P.
54(b); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). The
order here appealed is neither a final order nor an appealable interlocutory or
collateral order.
2

We dismiss the appeal as interlocutory. We dispense with oral argument

because the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the decisional process.
DISMISSED